Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Robinson v Deep Investments Pty Ltd (No 2) [2019] FCAFC 50 Appeal from: Deep Investments Pty Ltd v Casey [2018] FCA 603
File numbers: NSD 853 of 2018 NSD 855 of 2018 NSD 856 of 2018
Judges: PERRAM, JAGOT AND COLVIN JJ
Date of judgment: 1 April 2019
Catchwords: PRACTICE AND PROCEDURE – application to vary orders – whether accidental slip or omission – whether orders reflect intention of majority – whether dissenting judge in main appeal should participate in varying orders of majority – where proceedings dismissed on appeal as abuse of process – where Appellant seeks to re-plead
Legislation: Federal Court Rules 2011 (Cth) r 39.05
Cases cited: Caason Investments Pty Ltd v Cao (No 2) [2015] FCAFC 192; 237 FCR 351 Robinson v Deep Investments Pty Ltd [2018] FCAFC 232
Date of hearing: Determined on the papers
Date of last submissions: 14 March 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 16
In NSD 853 of 2018:
Counsel for the Appellants: Mr S Gray
Solicitor for the Appellants: Barry Nilsson Lawyers
Counsel for the Respondent: Mr P Dunning QC with Dr W Wild
Solicitor for the Respondent: K2 Law
In NSD 855 of 2018
Counsel for the Appellant: Mr D L Williams SC with Mr A C Harding
Solicitor for the Appellant: K & L Gates
Counsel for the Respondent: Mr P Dunning QC with Dr W Wild
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